Court rules on preliminary objection on 4 November

An Accra Fast Track Court (FTC) would on Monday, 4 November rule on a preliminary objection in the case in which two former Ministers are being tried for conspiracy and causing financial loss to the state.

The accused persons are Dan Abodakpi (pictured), former Minister of Trade and Industry and Victor Selormey, former Deputy Minster of finance. The two accused persons have pleaded not guilty to the charges and have each been granted a three-billion-cedi bail in their own recognisance.

Mr Kobla Dogbe Senanu, counsel for Abodakpi, who raised the objection at Monday's proceedings, argued that under summary trial, which is the mode of his client's trial, there is the likelihood that he would not be given a fair hearing. Mr. Senanu said he would have preferred his client to be tried by indictment.

Counsel argued that unlike trial by indictment where the trial judge is assisted by a jury, under the current trial of his client, which is a summary one, the prosecution already knows the number of witnesses it is going to call and who they are.

Counsel argued that as a result, there is the likelihood that the prosecution witnesses would give evidence that would not favour his client. Counsel further submitted that since his client is a sitting Member of Parliament (MP), his trial would interfere with his legislative functions, and therefore, prayed the court to consider his objection.

Mr Johnny Quarshie-Idun, counsel for Selormey, associated himself with submissions raised by his colleague and asked the court to rule in their favour.

Abodakpi and Selormey are being tried on seven counts of conspiracy to commit crime, defrauding by false pretences and wilfully causing financial loss of 2.7 billion cedis to the State.

They allegedly conspired with Dr Frederick Owusu-Boadu of Leebda Corporation in the United States and transferred 4,000 dollars into his local bank account between May and December, 2000.

It was allegedly used for feasibility studies towards the establishment of the Science and Technology Country Project. Selormey, who is currently serving an eight-year jail term for causing financial loss to the State in connection with the Court Computerisation Project, allegedly authorised the transfer of the money.

Replying, Mr Anthony Gyambiby, Principal State Attorney, said since the provision under which the accused persons are being tried has not been repealed, they are properly arraigned before the court.

Mr Gyambiby further submitted that since the accused persons were notified of their charges and given time to appear before the court, they would be given a fair hearing. He said the application by counsel is frivolous and unmeritorious, and prayed the court to dismiss it.

After listening to submissions from both sides, Mr Justice S. T. Farkye, an Appeal Court Judge, with additional responsibility for the case as a High Court Judge, fixed 4 November for ruling on the objection.